City of Colorado Springs / Commissions & Committees / City/County Drainage Board

Thursday, February 02, 2012

February 2, 2012

The City of Colorado Springs/El Paso County Drainage Board held its regular meeting at 2:00 PM
on February 2, 2012 after the Annual Meeting/Luncheon, in the City Council Chamber, City Hall,
107 North Nevada Avenue.

MEMBERS PRESENT: Ollie Watts, Kim Wright, Ken Bailey, Mike Bartusek

MEMBERS ABSENT: Jeff Johnson, Emily Skalsky, John Schwab

OTHERS PRESENT: Tom Bonifas (City Engineering), Cheryl Callahan (City of Colorado Springs), Jennifer Irvine (El Paso County), Mary Murray (City Finance), Tom Taylor (HBA), Elizabeth Nijkamp (EDRD), Doug Quimby (La Plata Communities), David Mijares (Catamount Engineering)

Note: Due to the Chair and Vice-Chair both being absent from this meeting, it was voted and approved for Kim Wright to be interim Chair for the meeting.

Meeting called to order by Kim Wright at 3:02 p.m.

Item 1: Approval of the minutes from the January 5, 2012 Drainage Board Meeting

Motion by Mike Bartusek to approve the minutes
Motion was seconded by Ollie Watts

Motion passed unanimously 4-0

Item 2: Discussion of the February 2, 2012 agenda

Tom Bonifas informed the Board that Ken Bailey would need to be excused from Item 3. Based on this, there are not enough board members for a quorum on Item 3 and therefore, that item is tabled for a further meeting.

Item 3: Cottonwood Creek Fee adjustment and Cordera Filing No. 1 Reimbursement

Item was tabled for a future meeting due to lack of quorum.

Item 4: Ridgeview at Stetson Hills Filings 33 and 35 Reimbursement

Tom Bonifas stated that this development was being allowed to have subdivision plats to occur over the last 15-20 years without payment of drainage fees because the Master Development Drainage Plan (MDDP) indicated that the facilities cost would be more than the drainage fees. In the reconciliation process that reviewed Ridgeview over the last year, it showed this subdivision to be in a deficit situation in the amount of about $1 million dollars. The City worked with Jim Morley with Ridgeview to pull together invoices and submitting documentation for reimbursement requests for some of the older items that have been built some time ago but have never been submitted to the Drainage Board. This item request is essentially cleaning up some old facility construction reimbursement requests. The request is just under $500,000.00 and the current fee obligation within the Ridgeview master plan of about $310,000.00. Staff is recommending approval of the remaining balance of $185,780.16.

Elizabeth Nijkamp, City Engineering, made a point to the Board that this is only a partial of segments of pipe that are being asked for at this time because not all invoices have been submitted. More invoices for the same segment of pipe may surface at a later time. This request is for two segments of pipe that criss-cross into different subdivisions. This has been accepted and the partial set of invoices were allowed because Staff would like to clean up the Ridgeview master plan area. This request would clear up their portion of the drainage obligations.

Ollie Watts wanted to clarify that these facilities have been certified and accepted by City Staff. Ms. Nijkamp stated that they have been and that is a requirement before coming in front of the Board.

Ken Bailey wanted more explanation about what was ineligible for reimbursement. Ms. Nijkamp further explained that each basin is different. In the Sand Creek Basin where this development is in, the cut off for pipe size is 42”: pipes cannot be anything less than 42”. The other stipulation is that it has to be a permanent City facility. David Mijares, Ridgeview engineer, further stated that those facilities that were not eligible for reimbursement has been subtracted from the total. He also pointed out that these facilities were brought to the Board in the current configuration to get a fee increase in the Sand Creek Basin in about 2004. Therefore these facilities are included in the MDDP that adjusted the fee in the basin for these facilities.

Motion by Mike Bartusek to approve a reimbursement request to Ridgeview Development, LLC from the Sand Creek Drainage Basin Fund in the amount of $495,760 for facilities constructed.
Motion was seconded by Ollie Watts

Motion passed unanimously 4-0

Item 5: Pyramid Mountain Basin Closure Request (County)

Jeff Rice, El Paso County Development Services, was available to answer any questions based on the packet that was put together and given to the Board members.

Ollie Watts wanted more clarification on what the limits of the drainage basin are. Mr. Rice pointed out the limits of the area on a map that was provided.

P.J. Anderson, developer of the Pyramid Mountain Estates subdivision, explained that the subdivision is eight-2 ½ acre lots in Cascade that are being platted at this time. He had asked for a waiver from the County of the drainage fees based on the fact that this basin starts at the top of Wilkerson Pass and runs all the way to Monument Creek. Almost 100% of the Ute Pass area has been final platted already and about 90% of the area is government owned with the forest service boundaries surrounding the area. Mr. Anderson started questioning what the fees were to be used for when it was time for them to pay the $27,000 fee. He wanted to know what the money is being used for since a study has not been done and there are no more reasonable improvements to be completed. Mr. Anderson at that point asked the County Commissioners for a drainage fee waiver and the commissioners decided that it made sense and should be across the board in this area. The county then decided to make this a closed basin.

Mike Bartusek asked if there are any improvements required in that area. Mr. Anderson stated that there is a road that was finished that included some culverts and there is a detention pond to be built once the plat is recorded.

Jennifer Irvine informed the Board that this is the first basin in the County that staff has recommended closing. All the structures in the basin are listed as public facilities to be maintained by either the County or CDOT which excludes them from the fees. Fees have been collected from four other subdivisions in this basin since the collection of fees began. The County staff will be recommending that the fees collected be returned to those subdivisions.

Mike Bartusek asked if other basins have ever been closed. Jennifer Irvine stated that the County has never closed a basin. Tom Bonifas stated that the City did close some basins that had a fee structure but there were minimal developers in those areas.

Ken Bailey wanted to confirm that the basin could be reopened if needed. Jennifer Irvine said that if there were a large development that came into the area, then it would be reviewed and studied. This stipulation is in the motion that is recommended.

Motion by Ollie Watts for approval of the request that the Williams Canyon basin be closed, with County drainage and bridge fees rescinded in the basin and recommend that all fees being held for use in this basin be refunded to the respective subdividers. In the event this basin is closed, that action does not preclude El Paso County from implementing future drainage and bridge fees in this basin if determined to be justified. Most deficiencies in the basin have currently been identified as public responsibility. All other deficiencies will be the responsibility of individual developers when and if the basin sees continued development.

Motion was seconded by Mike Bartusek

Motion passed unanimously 4-0

Item 6: Housekeeping


No further business
Meeting adjourned at 3:32 p.m.